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Scotland under her early kings, Volume 1 (of 2)

Note 295 — Chapter IX · The State.

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Assize Dav., 1, 13, 16. Wil. 20. Slat, Alex. II. 4. The three Thanedoms are evidently the same as the three Baronies, so continually met with in later laws. Both are evidently counterparts of the “three tuns” amongst the Anglo-Danish confederacy of Mercia, and the “three Dorfern” amongst the Saxons, with whom it was lawful, “if a theft be committed hand-habend, or a robbery in which the offender is taken, to choose a Go-graf” from at least three villages (Dorfern), “and they shall form a court and judge the case, provided the judge who has the office in fee (belehenten Richter) cannot be had.” Leg. Eth. III. 15, and Sach. Spieg., l. 1, c. 55, quoted in note d. The fine of 34 cows is called in William’s laws (14), the thief’s wergild. By a law of Chlovis whoever saved a man from the gallows paid his wergild.

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